(A) Purpose. It is the purpose of this subchapter to regulate sexually oriented businesses in order to protect public health, safety and welfare of citizens and visitors and to establish reasonable and uniform regulations to prevent the deleterious location of sexually oriented businesses within the city. The provisions of this subchapter have neither the purpose nor effect of imposing a limitation or restriction on the content of any communicative materials, including sexually oriented materials. Similarly, it is not the intent nor effect of this subchapter to restrict or deny access by adults to sexually oriented materials protected by the First Amendment, or to deny access by the distributors and exhibitors of sexually oriented entertainment to their intended market. Neither is it the intent nor effect of this subchapter to condone or legitimize the distribution of obscene material.
(B) Rationale. The following regulations were designed to address two very distinct issues.
(1) One. The city wants to minimize the potential secondary impacts of sexually oriented businesses on those identified sensitive uses, i.e., residential districts, schools, churches, day care centers and the like.
(2) Two. The city wants to provide an area where people can exercise their First Amendment right to expression without infringing on other peoples’ rights. In allowing these uses, the city has had to balance its constitutional obligations with the need to guarantee the local economy and quality of life is not impacted.
(C) Findings. Based on evidence concerning the adverse secondary effects of adult uses on the community and on findings incorporated in the cases City of Renton v. Playtime Theaters, Inc., 475 U.S. 41 (1986), Young v. American Mini Theaters, U.S. 50 (1976) and Barnes v. Glenn Theater, Inc., 501 U.S. 560 (1991), and on studies in other communities including, but not limited to: Phoenix, Arizona; Tucson, Arizona; Saint Paul, Minnesota; Houston, Texas; Austin, Texas; Indianapolis, Indiana; Amarillo, Texas; Garden Grove, California; and also on findings from the Report of the Attorney General’s Working Group on the Regulation of Sexually Oriented Businesses (June 6, 1989, State of Minnesota), and a report on The Regulation of Adult Establishments in North Carolina (May 22, 1996), the city finds the following.
(1) According to the studies referenced above, sexually oriented businesses tend to lend themselves to ancillary unlawful and unhealthy activities that are uncontrolled by the operators of the establishments. Further, without reasonable regulations, there is no mechanism to make owners of these establishments responsible for the activities that occur on their premises.
(2) Employees of certain sexually oriented businesses engage in higher incidence of certain types of illicit sexual behavior than employees of other commercial establishments.
(3) Sexual acts, including masturbation and oral and anal sex, occur at certain sexually oriented businesses, especially those which provide private or semi-private booths or cubicles for viewing films, videos or live sex shows.
(4) Offering and providing such space encourages such activities, which creates unhealthy conditions.
(5) Persons frequent certain adult theaters, adult cabarets. and other sexually oriented businesses for the purpose of engaging in sex within the premises of such sexually oriented businesses.
(6) At least 50 communicable diseases may be spread by activities occurring in sexually oriented businesses, including, but not limited to, syphilis, gonorrhea, human immunodeficiency virus infection (HIV-AIDS), genital herpes, hepatitis B, Non A, Non B amebiasis, salmonella infections and shigella infections.
(7) Since 1951 and to the present, there has been an increasing cumulative number of reported cases of AIDS caused by the human immunodeficiency virus infection (HIV) in the United States and in the state.
(8) The number of cases of early (less than one year) syphilis in the United States reported annually has risen, with 33,613 cases reported in 1982 and 68,953 reported in the United States in 1996 through 1997.
(9) The number of cases of gonorrhea in the United States reported annually remains at a high level, with 392,848 cases being reported in 1995.
(10) According to the best scientific evidence, AIDS and HIV infection, as well as syphilis and gonorrhea, are principally transmitted by sexual acts.
(11) Sanitary conditions in some sexually oriented businesses are unhealthy, in part, because the activities conducted there are unhealthy and, in part, because of the unregulated nature of the activities and the failure of the owners and the operators of the facilities to self-regulate those activities and maintain those facilities.
(12) Numerous studies and reports have determined that semen is found in the areas of sexually oriented businesses where persons view adult oriented films.
(13) Numerous studies and reports have demonstrated that the consumption of alcohol or alcoholic beverages at a sexually oriented business increases the potential for illicit sexual activity, violence, acts characterized as disturbing the peace, and other identified nuisances to occur.
(14) Studies have demonstrated that sexually oriented businesses are regional businesses and as such have a regional draw.
(15) Small towns do not have sufficient target populations to support sexually oriented businesses as has been documented in numerous trade area studies.
(16) Studies have demonstrated that a sexually oriented business in a small town will draw in a regional population consisting largely of adult males in their twenties, whose interests and activities are different from those of the older adults or families.
(17) The findings noted in divisions (C)(1) through (C)(16) above raise substantial governmental concerns.
(18) Sexually oriented businesses have operational characteristics, which should be reasonably regulated in order to protect substantial governmental concerns.
(19) A reasonable licensing procedure is an appropriate mechanism to place the burden of that reasonable regulation on the owners and operators of the sexually oriented businesses. Further, such a licensing procedure will place a heretofore nonexistent incentive on the operators to see that the sexually oriented business is run in a manner consistent with the health, safety and welfare of its patrons and employees, as well as the citizens and visitors of the town. It is appropriate to require reasonable assurances that the licensee is the actual operator of the sexually oriented business, fully in possession and control of the premises and activities occurring therein.
(20) Requiring licensees of sexually oriented businesses to keep information regarding current employees and certain past employees will help to reduce the incidence of certain types of criminal behavior by facilitating the identification of potential witnesses or suspects and by preventing minors from working in such establishments.
(21) The disclosure of certain information by those persons ultimately responsible for the day-to-day operation and maintenance of the sexually oriented business, where such information is substantially related to the significant governmental interest in the operation of such uses, will aid in preventing the spread of sexually transmitted diseases.
(22) It is desirable in the prevention of the spread of communicable diseases to obtain a limited amount of information regarding certain employees who may engage in the conduct which this subchapter is designed to prevent or who are likely to be witnesses to such activity.
(23) The fact that an applicant for a sexually oriented business license has been convicted of a sexually related crime leads to the rational assumption that the applicant may engage in that conduct in contravention of federal and state law and this subchapter.
(24) The barring of such individuals from the management of adult uses serves as a deterrent to and prevents conduct, which leads to the transmission of sexually transmitted diseases.
(25) By establishing locational criteria to keep sexually oriented businesses away from sensitive uses, such as residential districts, schools, day care centers and the like, the potential for the identified secondary harms to be felt by a sensitive use is lowered.
(26) By establishing additional lighting requirements for the interior and exterior portions of a sexually oriented business, the potential for illicit sexual activity or criminal activities occurring on or near the premises of a sexually oriented business is lowered.
(27) By establishing a prohibition on employing, or allowing within the premises, minors, the potential for the exploitation of such minors by a sexually oriented business is lowered.
(28) By requiring internal design configuration standards and the location of manager’s stations to allow the operators to observe and police their own patrons, the potential for illicit sexual activity or criminal activities occurring at a sexually oriented business is lowered.
(29) The general welfare, health and safety of the citizens and visitors of the city will be promoted by the enactment of these regulations.
(Ord. passed 11-26-2002, § 116.01; Ord. 2021-Z-19, passed 6-22-2021)